G LILLY Vs. MANAGER MVUP SCHOOL

JUDGEMENT

(1.) These three writ appeals are directed against the common judgment in O.P. Nos. 7504, 8535 & 9049 of 1993. The matter arises under the Kerala Education Act and the Rules. The appellant is common in all the three writ appeals.

(2.) Petitioner in O.P. No. 7504 of 1993 is the Manager of an aided private school known as M.V.U.P. School, hereinafter referred to as the 'School'. Appellant is respondent No. 5 in that writ petition. She was appointed in the School on 25-7-1977 by the Manager as a Lower Grade Hindi Teacher. It is not disputed that she did not have the requisite technical / training qualification for appointment to the above post. Initially, the appointment was not approved by the educational authorities. Pending consideration of the approval, she absented from the school from 7-10-1977 onwards. In terms of the appointment order, her tenure of service would have come to an end only on 24-10-1977. Thus even before the termination of the vacancy, appellant abandoned the post. Subsequently, the educational authorities approved her appointment from 25-7-1977 to 7-10-1977 as under qualified on the strength of G.O. No. 5361 / 78 / G. Edn. dated 24-11-1978 (produced as Ext. P2 in O.P. No. 9049/1993).

(3.) After the appellant abandoned the post, the manager appointed one Vilasini Amma as Lower Grade Hindi Teacher with effect from 25-10-1977 till 31-3-1978. This appointment was approved by the Assistant Educational Officer. Later, she left the service and joined another school. Thereafter a vacancy of Lower Grade Hindi Teacher arose in the School with effect from 25-10-1985. The Manager appointed one J. Saraswathi (petitioner in O.P. 8535/93) against that vacancy. Her appointment was approved for the period from 25-10-1985 to 31-3-1986. The appointment of J. Saraswathi as also the approval of that appointment was objected by the appellant before the Manager and the departmental officers. Though the Manager rejected the request of the appellant to appoint her from 25-10-1985, the educational authorities issued orders upholding the claim. Those orders are under challenge in O.P. No. 8535 of 1993 filed by J. Saraswathi.